VZCZCXYZ0008
OO RUEHWEB

DE RUEHC #4269 0932113
ZNY CCCCC ZZH
O 022106Z APR 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHRL/AMEMBASSY BERLIN IMMEDIATE 0000
RUEHLO/AMEMBASSY LONDON IMMEDIATE 0000
RUEHMO/AMEMBASSY MOSCOW IMMEDIATE 0000
RUEHFR/AMEMBASSY PARIS IMMEDIATE 0000
RUEHSI/AMEMBASSY TBILISI IMMEDIATE 0000

C O N F I D E N T I A L STATE 034269 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 03/30/2018 
TAGS: UNSC GE PREL PBTS
SUBJECT: GUIDANCE:  UNOMIG RESOLUTION NEGOTIATIONS -- 
REDLINES AND OTHER OBJECTIVES 
 
Classified By: IO PDAS James B. Warlick, for reason 1.4 (d). 
 
¶1.  (U)  This is an Action Message, see para 2. 
 
¶2.  (U)  USUN may draw from the guidance in paras 2-4 below 
during negotiations with the Friends of Georgia (Germany, UK, 
France, U.S., and Russia) concerning the UNOMIG renewal 
resolution.  See para 5 for additional background and para 6 
for the German draft resolution. 
 
¶3.  (C//Rel to Friends of Georgia)  USUN should seek and 
insist upon the following objectives: 
 
--   Ensure inclusion of the following language (in what is 
now OP 1) "reaffirm the commitment of all Member States to 
the sovereignty, independence, and territorial integrity of 
Georgia within its internationally recognized borders." 
 
--   Unless UNOMIG's final report specifically cites Georgian 
violations in the Upper Kodori Valley, all language calling 
for the Georgian side to "ensure that the situation in the 
Upper Kodori Valley is in line with the Moscow Agreement" 
should either be deleted (best option) or modified (second 
best option) to read, for example, "situation in the Upper 
Kodori remains in line with the Moscow Agreement." 
 
--  Ensure the addition of the words (in what is now OP 12): 
"the importance" before the phrase "that individual property 
rights have not been affected."  Also in OP12, ensure the 
replacement of "had to flee" with "were forced to flee."  The 
first change is necessary to restore a legally significant 
point we negotiated to address in UNSCR 1782.  We do not want 
to suggest that the Council is "affirming" the existence of 
an international legal principle that IDPs are entitled to 
return to specific properties -- we do not agree that such a 
principle exists.  We are happy, however, to "reaffirm the 
importance" that individual property rights have, in fact, 
not changed, consistent with the language in UNSCR 1782 OP15. 
 
 
--  Ensure inclusion of OP14 from UNSC resolution 1781 on IDP 
return. 
 
--  Keep previous years, references to the Boden Document, 
i.e. "Paper on Basic Principles for the Distribution of 
Competencies between Tbilisi and Sukhumi."  Support for the 
Boden Document should not be diluted with support "for 
additional ideas" unless this is phrased in a separate clause 
as in UNSCR 1781 ("and welcome additional ideas that the 
sides would be willing to offer"). 
 
--  Ensure that the resolution does not contain language 
"welcoming the cooperation of the Abkhaz side" in the 
deployment of UNOMIG police to Gali. 
 
--  Add language calling this year for strengthening UNOMIG's 
observation capacity. 
 
¶4.  (C//Rel to Friends of Georgia)  USUN should seek but not 
insist upon the following objectives: 
 
-- Seek language welcoming the Georgian side,s new 
initiatives for resolving the conflict in Abkhazia.  Proposed 
language follows:  Welcomes the new initiatives proposed by 
the Georgian side for the peaceful resolution of the conflict 
in Abkhazia, Georgia, and encourages both sides to engage 
constructively in a direct dialogue on a political settlement. 
 
-- Seek the following additional changes to UNSC resolution 
1781's (2007) OP 15 on IDP returns: reaffirm the "urgency" 
(vice importance) "of such people's return to their homes and 
property" and note that individual property rights have not 
been affected by the fact that owners "were forced" (vice 
"had") to flee during the conflict. 
 
¶5.  (C//Rel to Friends of Georgia)  USUN is authorized to 
make the following tradeoffs during negotiations: 
 
--  Remove all references to Russia as a "facilitator" of the 
peace process.  (Note:  Department might consider allowing 
for this phrase to be re-inserted if Russia adopts a 
constructive approach that allows our other desiderata to be 
adopted; however, USUN should consult with the Department 
before accepting this language.  End note).  See para 5 for 
background. 
 
--  Add the following language added to what is now OP1: 
"...and the necessity to define the status of Abkhazia within 
the State of Georgia in strict accordance with these 
principles."  The latter phrase was deleted in 2006, but 
Department would like USUN to ask for its reintroduction this 
year.  If Russia or others simply refuse to negotiate on this 
point, then at a minimum USUN should make reference to the 
settlement of the conflict "within the framework of the 
Security Council Resolutions" (which provides an indirect 
reference to the same).  (Note:  The conflict should be 
referred to as the "conflict in Abkhazia, Georgia" and not as 
the "Abkhaz-Georgian conflict."  End Note.) 
 
--  Add an operative paragraph on prevention of military 
support to the Abkhaz authorities, which USUN should agree to 
remove only if Russia agrees to make concessions on other 
issues (such as a binding timetable for IDP returns). 
Suggested language follows:  "Calls on states to prevent the 
provision from their territories or by persons under their 
jurisdiction of all assistance, other than humanitarian 
assistance, to the Abkahz side and in particular to prevent 
the supply of any weapons and munitions." (Note:  similar 
language appeared in a 1993 resolution. End Note.) 
 
--  Remove the term "without conditions" from OP10 of the 
German draft on early implementation of Confidence Building 
Measures. 
 
¶6.  (C)  Background:  Russia,s role as a "facilitator" of 
the peace process is in question due to its unconstructive 
and unilateral lifting of CIS economic and military sanctions 
on Abkhazia on March 6.  The lifting of these sanctions, 
which Russia justified on the false pretense that most 
Georgian IDPs had returned to the Gali region of Abkhazia, 
gives Russia an opening to train the Abkhaz militia, sell 
weapons to the Abkhaz, and permits Russian citizens to serve 
in Abkhaz military formations.  Such actions, coupled with 
Russia's statements that Georgia's territorial integrity must 
be reconsidered if Georgia gets NATO membership, are outside 
the bounds of "facilitating" the resolution of the conflict 
and demonstrate a bias towards one of the parties. 
 
¶7.  (U)  Begin draft resolution text: 
 
The Security Council, 
 
PP1   Recalling all its relevant resolutions including 
resolution 1781 of 15 October 2007 (S/RES/1781); 
 
PP2   Welcoming the reports of the Secretary-General on the 
activities of the United Nations Observer Mission in Georgia 
of 23 January 2008 (S/2008/38) and X April 2008 (S/2008/XXX); 
 
PP3   Supporting the sustained efforts of the 
Secretary-General and of his Special Representative with the 
 
SIPDIS 
assistance of the Group of Friends of the Secretary-General 
as well as the Russian Federation in its capacity as 
facilitator and of the OSCE, underlining the increased 
importance of the meetings in the Geneva format as the forum 
for meaningful political dialogue and welcoming the Georgian 
and Abkhaz renewed commitment to this process; 
 
PP4   Noting that whereas the United Nations and the Group of 
Friends of the Secretary-General will continue to support the 
process of conflict resolution between the Georgian and 
Abkhazian sides, the primary responsibility to make use of 
this support and to implement measures to advance the 
process, in particular measures to build confidence, remains 
with both sides; 
 
PP5   Stressing the importance of close and effective 
cooperation between UNOMIG and the CIS peacekeeping force as 
they currently play an important stabilizing role in the 
conflict zone, and recalling that a lasting and comprehensive 
settlement of the conflict will require appropriate security 
guarantees; 
 
PP6   Stressing that economic development is urgently 
required in Abkhazia, Georgia, to improve the livelihoods of 
the communities affected by the conflict, in particular 
refugees and internally displaced persons; 
 
¶1.    Reaffirms the commitment of all Member States to the 
sovereignty, independence and territorial integrity of 
Georgia within its internationally recognized borders, and 
supports all efforts by the United Nations and the Group of 
Friends of the Secretary-General, which are guided by their 
determination to promote a settlement of the Georgian-Abkhaz 
conflict only by peaceful means and within the framework of 
the Security Council resolutions; 
 
¶2.    Reaffirms its strong support for UNOMIG, and again 
urges the parties to cooperate fully with the mission and to 
actively and sustainably engage in the political process led 
by the Special Representative of the Secretary-General; 
 
¶3.    Calls on the Georgian side to ensure that the situation 
in the Upper Kodori valley is in line with the Moscow 
agreement on ceasefire and separation of forces of 14 May 
1994; and calls again on the Abkhaz side to exercise 
restraint in connection with the Georgian commitments with 
regard to the Kodori valley and not to use the situation in 
the Kodori Valley as a pretext for their continued refusal to 
engage in negotiations with the Georgian side; 
 
¶4.    Welcomes the renewed commitment given by both sides 
during the meeting chaired by the United Nations in Geneva on 
18 and 19 February 2008 to  resume regular consultations on 
security issues without delay, and urges once more both sides 
to finally fulfil this commitment; 
 
¶5.    Expresses its serious concern with  ongoing violations 
of the ceasefire and separation of forces regime in the Zone 
of Conflict; 
 
¶6.    Strongly urges all parties to consider and address 
seriously each other,s legitimate security concerns, to 
refrain from any acts of violence or provocation, including 
political action or rhetoric, and to comply fully with 
previous agreements regarding ceasefire and non-use of 
violence; 
 
 ¶7.   Calls on both sides to finalize without delay the 
document on the non-use of violence; and calls on both sides 
to finalize without delay the document on the return of 
refugees and internally displaced persons; 
 
¶8.    Stresses anew the urgent need to alleviate the plight 
of refugees and internally displaced persons and the need for 
a perspective of life in security and dignity in particular 
for a new generation growing up outside Abkhazia, Georgia; 
 
¶9.    Calls upon the parties to further increase their 
bilateral contacts by making full use of all existing 
mechanisms as described in the relevant Security Council 
resolutions in order to come to a peaceful settlement, 
including establishing a reliable early perspective for the 
safe and dignified return of refugees and internally 
displaced persons; 
 
¶10.   Firmly convinced that the confidence-building measures 
proposed by the Group of Friends of the Secretary-General and 
endorsed through resolution 1752 of 13 April 2007, will serve 
the development of broader and unbiased contacts between the 
communities of the divided country, regrets the lack of 
progress made with regard to taking confidence building 
measures and reiterates its call on the Georgian and Abkhaz 
sides to engage in an early implementation of these measures 
without conditions; 
 
¶11.   Recalls, with a view to achieving a lasting and 
comprehensive settlement, its support for the principles 
contained in the &Paper on Basic Principles for the 
Distribution of Competencies between Tbilisi and Sukhumi8, 
and welcomes additional ideas that the sides would be willing 
to offer with a view to conducting creatively and 
constructively a political dialogue under the aegis of the 
United Nations; 
 
¶12.   Reiterates and reaffirms as fundamentally important the 
right of return for all the refugees and the internally 
displaced persons to Abkhazia, Georgia, reaffirms the urgency 
of such people%s return to their homes and property and that 
individual property rights have not been affected by the fact 
that owners had to flee during the conflict and that the 
residency rights and the identity of those owners will be 
respected, and calls on both sides to implement the UNHCR,s 
Strategic Directions for their return in the first instance 
to the Gali region; 
 
¶13.   Welcomes existing and encourages further contacts 
between representatives of civil society, and appeals to both 
sides to continue to promote without reservation the active 
engagement of citizens and officials in such contacts; 
 
¶14.   Underlines that it is the primary responsibility of 
both sides to provide appropriate security and to ensure the 
freedom of movement throughout the zone of conflict of 
UNOMIG, the CIS peacekeeping force and other international 
personnel and calls on both sides to fulfil their obligations 
in this regard and to extend full cooperation to UNOMIG and 
the CIS peacekeeping force; 
 
¶15.   Welcomes the efforts being undertaken by UNOMIG to 
implement the Secretary-General,s zero tolerance policy on 
sexual exploitation and abuse and to ensure full compliance 
of its personnel with the United Nations code of conduct, 
requests the Secretary-General to continue to take all 
necessary action in this regard and to keep the Security 
Council informed, and urges troop-contributing countries to 
take appropriate preventive action including the conduct of 
predeployment awareness training, and to take disciplinary 
action and other action to ensure full accountability in 
cases of such conduct involving their personnel; 
 
¶16.   Decides to extend the mandate of UNOMIG for a new 
period terminating on 15 October 2008; 
 
¶17.   Requests the Secretary-General to make use of this 
mandate in order to encourage and support the parties in 
implementing measures to build confidence and to establish an 
intensive and meaningful dialogue, with a view to achieve a 
lasting and comprehensive settlement, including the 
facilitation of a meeting at the highest level, and to inform 
the Council in his next report on the situation in Abkhazia, 
Georgia, on progress made in this respect; 
 
¶18.   Strongly supports the efforts of the Special 
Representative of the Secretary-General and encourages the 
Group of Friends of the Secretary-General to continue giving 
him their steadfast and unified support; 
 
¶19.   Decides to remain actively seized of the matter. 
 
End draft resolution text. 
RICE